In Re Zp
314 Ga. App. 347
| Ga. Ct. App. | 2012Background
- Z.P., a ten-month-old child, tested positive for methamphetamine at birth and was placed in the Department of Family and Children Services' custody.
- The juvenile court adjudicated Z.P. deprived as to the mother and putative father, and adopted a nonreunification/termination/adoption plan requiring housing, employment, support, visitation, counseling, and sobriety.
- The mother had a long history of methamphetamine use, multiple felony drug convictions, and had not maintained custody of two other children.
- Since Z.P.’s birth, the mother had five residences, minimal child support until late in the case, and no sustained contact with Z.P. or the Bateses caring for her.
- The Bateses sought termination of parental rights and adoption; a guardian ad litem supported termination for both parents, while the mother’s attempt to establish visitation occurred only when Z.P. was nine months old.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was sufficient deprivation evidence | Mother’s misconduct and instability deprived Z.P. | Any deprivation could be remedied with rehabilitation and stability. | Deprivation evidenced; mother caused deprivation via ongoing drug issues and instability. |
| Whether deprivation was likely to continue and not be remedied | Mother’s belated rehab and promise of change sufficed for remedy. | Past conduct and relapse risk show deprivation would continue. | Trial court properly found deprivation likely to continue despite some improvements. |
| Whether termination was in Z.P.'s best interests | Termination and adoption by Bateses serve child’s best interests given lack of bond and ongoing risk. | Rehabilitation and potential parental bond could emerge; termination too drastic. | Terminating parental rights and granting custody to Bateses was in Z.P.'s best interests. |
Key Cases Cited
- In the Interest of C.H., 305 Ga.App. 549 (2010) (consideration of deprivation standards on appeal)
- In the Interest of P.D.W., 296 Ga.App. 189 (2009) (remediability requires more than belated promises)
- In the Interest of R.B., 309 Ga.App. 407 (2011) (recency of improvement weighs against presumed fitness)
- In the Interest of S.R.M., 283 Ga.App. 463 (2007) (ongoing parental problems support termination)
- In the Interest of M.S.S., 308 Ga.App. 614 (2011) (weighs past conduct over recent improvements)
- In the Interest of C.A.S., 308 Ga.App. 757 (2011) (parental fitness requires more than temporary stability)
- In the Interest of C.M., 282 Ga.App. 502 (2006) (considerations of parental rehabilitation and child safety)
- In the Interest of C.J.L.C., 293 Ga.App. 848 (2008) (stable progress is required to demonstrate ability to parent)